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Planning Board Meeting Minutes - 02/28/05

Board Members Present           Public Present
James Clunan, Vice Chairman     Noel Musson
Heather Jones, Secretary                Steve Caromile
Lisa Renault
Samuel M. Fox III, alt

Kim Keene, CEO; Hope Rowan, Assistant; Joelle Nolan, Recording Secretary

I.      The meeting was called to order at 6:02 p.m. by Vice Chairman Clunan.

II.     The draft minutes from the February 14, 2005 meeting were unanimously approved as amended.

III.    Unfinished Business
Michael Phillips
Tax Map 24  Lot 101
11 Sea St, Northeast Harbor
Building Subdivision:  Revised plan for subdivision approved May 10, 2004.

Mrs. Jones suggested taking this item up after the next item, since it is less complicated and no one is present to represent Mr. Phillips.  Board agreed and moved on to item IV. New Business.

IV.     New Business
A.      Brian and Lois Hamor
Tax Map 10     Lot 123     Zone RW3
9 My Way, Mount Desert
Subdivision Sketch Plan Review
Site Inspection:  4:00 p.m.

Site inspection attended by Vice Chairman Clunan, CEO Keene, and Mrs. Jones.  Mrs. Jones reported.  They followed the center line of the right-of-way up to the cul-de-sac.  The land is primarily level; due to snow cover it was hard to identify wetlands.  They then walked back to lot 8 where affordable housing is proposed.  It was noted that the proposed buildings on the eastern end of the circle will probably have to be shifted; there appears to be a ridge on the land.  Vice Chairman Clunan noted there are some sizeable trees on the property.  He added that the proposed foot path between the workforce housing on the north and the right of way circle appeared to have some wet spots that could be potholes.

Noel Musson and Steve Caromile from CES, Inc., agents for the Hamors, were present at the meeting.  Mr. Musson explained they are proposing a workforce housing subdivision that incorporates single-family, market-rate lots with workforce housing multi-units on the same development.  He noted from the site inspection it was apparent that there is a ridge line along the eastern side of the workforce housing lot, therefore, everything will have to be shifted away from the ridge.  They have done some wetlands delineations.  Otherwise it is mostly a flat lot.  Approximately 10 acres have been dedicated as open space for the workforce housing.  Also each multi-family unit will have its own limited common family area.  Mr. Musson said he, Mr. Caromile, and Greg Johnson of CES, Inc. had discussions regarding the workforce housing ordinance with CEO Keene and former CEO Brent Hamor.  Their submission contains a worksheet showing how they calculated the number of units allowed.  They decided to view the area as two halves – one as multi-family, and the other as single family.  He referred to the Subdivision Ordinance Section 5.16.2.2 Density.  Although it appears they could have as many as 17 units, they have decided to go with only 14 units.  The existing house on lot 1 is counted in the total.

Mr. Musson referred to the proposed site plan and asked for confirmation that the driveway serving lot 8 can indeed be a driveway (not a road) since it is serving only one lot; Board concurred, for now.  CEO Keene read from LUZO Section 5.14.1 “where an access road from a public road or highway is required to serve three or more lots” to clarify that the access drive going into lot 8 is indeed a driveway because it is serving only one lot.  Vice Chairman Clunan asked about water supply.  Mr. Musson said water is by individual wells, though some will be shared.  Test pits for septics are shown on the site plan.  Dr. Fox asked about a test well for the workforce housing lot.  Mr. Musson asked if there was a need for a test well.  He suggested that they might do one closer to approval time.

Board and Mr. Musson enjoyed a lively discussion regarding workforce housing.  A distinction was made between affordable and workforce housing.  Workforce housing families on MDI sometimes have higher income than what the State would define as true affordable housing.  Mr. Musson said although he was initially concerned how the workforce housing section of the ordinance could be interpreted; he now sees it as a flexible tool for a private developer.  Vice Chairman Clunan asked if the application will show how the buildings in lot 8 will remain in workforce housing ownership.  Mr. Musson said they are working with a lawyer to develop such language.  Dr. Fox requested that Mr. Musson share his suggestions with the Ordinance Review Committee as to how our ordinance can be more workable.  Mr. Musson said he would be glad to.

CEO Keene reminded the Board it would be the Board’s call whether or not a test well would be required.  Mr. Musson pointed out the footpath and noted that it will provide recreational opportunity (walking) and give a sense of connection.  It will be a one third mile loop.  Also it will be the utility line from the right-of-way.  It will be more like a woods road.  Mrs. Jones asked if the entire subdivision is workforce housing.  Mr. Musson replied yes and explained that to entice a property owner to dedicate a part of his property to workforce housing, you give them something in return and the Town is given something back as well – open space, workforce housing.  You take advantage of different pieces of the ordinance for the entire development.  After a discussion regarding lot size the Board looked at the LUZO Section 3.4 Dimensional Requirements and how it applies (state minimum is 20,000 sq ft).  Mr. Musson will proceed with the application process.

III.    Unfinished Business
Michael Phillips
Tax Map 24  Lot 101
11 Sea St, Northeast Harbor
Building Subdivision:  Revised plan for subdivision approved May 10, 2004.

Board revisited this item.

CEO Keene presented the Board with revised plans showing a considerably smaller building (2 stories instead of 4 and 1200± square feet rather than 2000) and its actual relation to the lot.  She pointed out the porch/deck area with ramp access and three parking areas.  The garage will be used for parking, and Mr. Phillips has contracted with Dana Haynes for 10 off premises parking spaces.  The number of uses has also been reduced.  Mrs. Jones expressed concerns about location of the porch.  It faces the street and will have restaurant seating.  Her concerns are about noise and lighting and how it affects the residential neighbors.  Board looked at what it approved on May 10, 2004 and the conditions imposed:  kitchen and bar service to the terrace (porch) will stop at 9:00 p.m., although terrace may stay open until 11:00 p.m.; and the Board reserves the right to revisit if complaints are received.  These same conditions will apply now.  Board agreed with the modifications and signed the revised plans and mylars.


V.      Meeting adjourned at 7:09 p.m.  The next scheduled meeting/public hearing(s) is at 6:00 p.m., Monday, March 14, 2005 in the Meeting Room, Town Hall, Northeast Harbor.